When a victim suffers from medical malpractice, the challenges they face are many. Who do they turn to for medical advice? How much will it cost to fix the issues? Or, in worst-case scenarios, pay for the funeral? According to an article published in StatPearls, most malpractice cases are preventable, and related costs are at an average of $60 billion a year, which seems to be rising every year.
If you believe that you are suffering or have lost a loved one due to medical malpractice in Louisiana, contact our team of New Orleans medical malpractice lawyers at Ben Crump, PLLC, today at (800) 641-8998 for a free case evaluation. No matter if it was purely by accident or through malicious intent, you do not have to face filing your medical malpractice lawsuit alone. We are here to guide you through the process and help you get the fairest compensation possible.
Understanding Medical Malpractice
Whether from a delay or completely overlooking a diagnosis, these untimely circumstances often result in “permanent damage or death.”
Medical Malpractice Claims
Birth and Maternal Mortality: Even with modern technology, the number of pregnancy deaths has nearly tripled over the last two and a half decades. Most of this impact is due to race and economic gaps, according to the report.
Misdiagnosis: This happens more often than it should, and you should have protection against the tragic outcomes of being misdiagnosed.
Emergency Room Errors: Many things can happen in an emergency room setting: switched charts, not using the medical machines correctly, failure to appropriately monitor.
Device Defects: Faulty or poorly maintained equipment can cause accidents and misdiagnoses to happen.
Anesthesia Errors: This happens when a patient is not properly looked after or is given the wrong medicine or dosage for sedation.
For a free legal consultation with a medical malpractice lawyer serving New Orleans, call 800-641-8998
Filing Your New Orleans Medical Malpractice Lawsuit
Ensuring that you file your case on time is just one reason hiring a medical malpractice attorney is important. The Louisiana Revised Statutes (RS) §9:5628 states that a victim has one year from the malpractice or discovery of the malpractice to file. This is not a lot of time. It is crucial to file on time for you to get compensation.
The following are also things to consider when you are trying to prove negligence and place liability:
- Must be able to prove your doctor-patient relationship
- The medical practitioners had a duty of care to uphold a standard. They failed at that standard, which created negligence, which caused your injuries.
- An injury occurred.
- The negligence is what caused your damages.
After you have established this, you will want to ensure that you collect all the evidence you can to build your argument.
Some vital evidence you should have is:
- Medical records
- Witness testimony
- Lab tests
- Expert testimony
- Photos, videos, and other visual data
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Hire Ben Crump, PLLC, to Help You File
When you enlist a New Orleans medical malpractice lawyer, you are getting a dedicated and compassionate team. We can manage your whole case, whether for you or the loss of a loved one.
We make sure we collect all pertinent evidence and that we file on time. We can conduct witness interviews and work with expert witnesses to get the most out of your case.
If you are suffering from medical malpractice, you will need time and space to heal and grieve. We know what it takes to afford you the extra time for both as we work to set your lawsuit up and negotiate terms against other lawyers and insurance companies.
Contact us today for a free consultation. We are here when you are ready to file. We also work on a contingency fee basis, so you will not need to worry about paying a dime until we win the case.
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Damages You May Receive
Awards come in both economic and non-economic damages. There is a $500,000 limit, or cap, on the amount you can receive, per RS §40:1231.2. This includes interest as well.
The state also pays out the first $100,000 worth of damages through the Louisiana Patient’s Compensation Fund, according to the Louisiana Division of Administration (DOA). The government established this fund to help private practices cover losses. Damages that a victim typically receives in these circumstances are:
- Pain and suffering
- Funeral costs
- Loss of enjoyment
- Medical bills
- Loss of consortium
- Emergency room visits
- Loss of mentorship
- Loss of wages
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Contact Your New Orleans Medical Malpractice Lawyer Today
A recent Johns Hopkins Medicine study shared that medical error is the third highest cause of death in the U.S. This is not only a cause for concern but even more reason you need to make sure you arm yourself with a knowledgeable New Orleans medical malpractice lawyer. We can make sure that you are following the law and that your rights are protected.
Take the responsible step in getting the compensation you deserve for your losses by calling Ben Crump, PLLC, today at (800) 641-8998. There is no case too tough for us, and we are available to you 24/7. You are not alone; we are here when you are ready to file.
Call or text 800-641-8998 or complete a Free Case Evaluation form